KAMLESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted for the offence under Section 395 Indian Penal Code and sentenced to rigorous imprisonment for five years passed by the 1 st Additional Sessions Judge, Saran, in Sessions Trial No. 222 of 1999 by a Judgment and order of conviction dated 30.6.2001.

(2.) The case of the Informant Daroga Singh, PW-6, is that a Dacoity was committed in his house on 12.12.1996 in which course several of his household articles were looted away. In this transaction, PW-4 Manju Devi who happened to be daughter-in-law and Rekha Kumari, PW-5, are said to have identified the present Appellant who got removed blanket from her person.

(3.) During Trial, the Prosecution examined seven witnesses. PW-1 Thakur Singh is a hear-say witness who supported the Prosecution story. PW-2 Mukti Nath Singh is also hear-say witness who supported the factum of occurrence. PW-3 Santosh Kumar is another hear-say witness and he is son of the Informant.